Roger Merritt Thieleman v. State ( 2017 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-17-00006-CR
ROGER MERRITT THIELEMAN APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM CRIMINAL DISTRICT COURT NO. 4 OF TARRANT COUNTY
TRIAL COURT NO. 0802855D
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MEMORANDUM OPINION1
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In January 2017, we received Appellant Roger Merritt Thieleman’s “Motion
to Appeal Magistrate’s Decision” complaining of the magistrate’s November 21,
2016 denial of his request for the appointment of counsel to file a postconviction
DNA motion and to assist him in seeking postconviction habeas relief. The
district judge denied Appellant’s request for reconsideration of the magistrate’s
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See Tex. R. App. P. 47.4.
decision on November 29, 2016. The “Motion to Appeal” was file-marked by the
trial court clerk on November 30, 2016.
Liberally construing the document as a notice of appeal from the district
court’s decision, see Tex. R. App. P. 27.1(b), we notified Appellant on January
13, 2017, that we have no appellate jurisdiction over interlocutory appeals from
orders denying counsel for DNA testing, Gutierrez v. State, 307 S.W.3d 318, 323
(Tex. Crim. App. 2010), or over appeals relating to the denial of postconviction
relief under article 11.07 of the code of criminal procedure, Tex. Code Crim.
Proc. Ann. art. 11.07, § 5 (West 2015), including the denial of requests for
appointment of counsel, Cooper v. State, No. 02-15-00145-CR, 2015 WL
3799069, at *1 (Tex. App.—Fort Worth June 18, 2015, pet. ref’d) (mem. op., not
designated for publication); Ex parte Wall, Nos. 02-11-00326-CR, 02-11-00517-
CR, 2012 WL 5869595, at *9 (Tex. App.—Fort Worth Nov. 21, 2012, no pet.)
(mem. op., not designated for publication). We warned Appellant that absent a
response showing grounds for continuing the appeal, we could dismiss it for want
of jurisdiction. See Tex. R. App. P. 43.2(f). We have received no response.
Accordingly, we dismiss this appeal for want of jurisdiction.
PER CURIAM
PANEL: PITTMAN, J.; LIVINGSTON, C.J.; and WALKER, J.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: March 9, 2017
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